ALOK KR MONDAL Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Pursuant to the directions of the Division Bench dated 3rd December, 1997 passed in M.A.T. No. 4082 of 1997, the above two writ petitions have been heard analogously and are being disposed of by this common order. C.O. No. 7979(W) of 1993:- The petitioner in the present writ petition is an advocate practising on the Criminal Side of the District Courts at Midnapore. He was appointed as Public Prosecutor for the District of Midnapore in 1984 vide a Government Order being No. 6094-A/GP-15/65 dated 26th July, 1984. He took charge of the said office of Public Prosecutor on 31st July, 1984.

(2.) According to the petitioner after elapse of seven years of assuming office of the Public Prosecutor, for the first time, he came to learn of the duration of the tenure of his office when he received two office orders being Memo Nos. 455-A/GP/-15/65 and 465-A/GP-15-65 both dated 16th January, 1992 issued by the Legal Remembrancer and Ex-Officio Secretary, Government of West Bengal, Judicial Department, respondent No. 2 herein. By the said memos Ex-post-facto approval of the extension of the term of appointment of the petitioner as Public Prosecutor was granted for the period from 31st July, 1988 to 31st December, 1991 and by the Second Memo, the period was extended for one year from 1.12.92 to 31.12.92. Thereafter, in or about 3rd week of January, 1993, the petitioner received a memo being No. 238/1 (9)-A dated 12th January 1993 issued by the respondent No. 2 whereby it was communicated that the term of petitioner's office as Public Prosecutor was extended for a further period of 6 months with effect from 1st January, 1993.

(3.) The petitioner came to know that the Legal Remembrancer, respondent No. 2 had issued a memo being No. 290-A dated 18th January, 1993 whereby the District Magistrate, Midnapore was requested to follow the provisions of Rule 96 of the Legal Remembrancer's Manual (hereinafter referred to as the said Manual) to prepare a panel of suitable and eligible candidates and send the same at an early date, so that a new incumbent may be selected and appointed as Public Prosecutor after the expiry of the petitioner's extended tenure. The petitioner thereupon filed the above writ application seeking a writ in the nature of mandamus commanding the respondent authorities to refrain from giving effect to the said memo bearing No. 290-A dated 18th January, 1993, being annexure 'A' and for certain interim relief.